© 1996-2003 american student achievement institute may be reproduced with proper citation for...
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© 1996-2003 American Student Achievement Institute
http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.
American Student Achievement Institute
CONFIDENTIALITY
Ethical Concept
What is said between two people will remain secret and will not be shared
without consent
PRIVILEGED COMMUNICATION
Legal Concept
Protects from Forced Disclosure
YES: School Counselors & School Social Workers
NO: School Nurses, School Psychologists, Advisors, Mentors
EXCEPTIONS TO CONFIDENTIALITY & PRIVILEGED COMMUNICATION Child Abuse & Neglect
Student has committed an illegal act
Student intends to commit a crime
Parent (or eligible student) waives right
Potential harm to self or others
Confidentiality / Privileged Communication
American Student Achievement Institute
American Student Achievement Institute
Prohibits discrimination on the basis of gender by any institution receiving federal funds
Prohibits discrimination on the basis of gender in guidance or counseling
All careers open to both genders
All courses offered to both genders
Test interpretations differ for genders (red flag)
Hiring practices – cannot be gender related
Title IX – Gender Equity
American Student Achievement Institute
American Student Achievement Institute
IC 31-34-1-6
A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD BECOMES EIGHTEEN (18) YEARS OF AGE:
(1) The child substantially endangers the child’s own health or the health of another individual; and
(2) The child needs care, treatment, or rehabilitation that the child
(A) is not receiving, and
(B) is unlikely to be provided or accepted with the coercive intervention of the court.
Child in Need of Services
American Student Achievement Institute
CHILD ABUSE
• Excessive bruises
• Pattern of bruises
• Burns
• Burn patterns
• Lacerations, welts, abrasions
• Injuries inconsistent with explanation
• Sexual abuse
• Emotional disturbance
Signs of Child in Need of Services
NEGLECT
• Malnourished
• Ill-clad, dirty
• Improper shelter
• Inappropriate health care
• Excessive absences
• Overworked
• Lacking emotional nurturance
• Abandonment
American Student Achievement Institute
IC 33-31-5-1
“An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.”
1) Immediately notify the school principal who will cause a report to be made to:
a) Local child protection service
b) Local law enforcement agency
IC 31-33-6
. . . a person, other than the person accused of child abuse or neglect . . . is immune from any civil or criminal liability that might otherwise be imposed because of such actions.
FAILURE TO REPORT - MISDEMEANER
Duty to Report Child Abuse
American Student Achievement Institute
1. Report suspected cases to principal immediately (or his or her designee if the principal is out of the building)
2. Determine who will report the abuse to Child Protective Services
3. If not you, follow up to make sure the report was made
4. If Child Protective Services wishes to talk to the student at schoola. Verify that the person is really from Child Protective Servicesb. Find a private place for the meetingb. Explain the situation to the student before they see the
caseworkerc. Assure him/her that the caseworker has the student’s best
interests in mindd. Offer to be present during the interviewe. If present, just listenf. Check in with the student after the caseworker is gone and
the next day
How to Report
American Student Achievement Institute
American Student Achievement Institute
MALPRACTICE: Practices that are outside of a professional’s training or ability that result in damage to the recipient of those services
NEGLIGENCE: A a breach of legal duty to perform acts that are part of the professional’s obligation
ACTING IN GOOD FAITH: Using the ethical standards of one’s profession as a criterion for marking a legal determination.
MALPRACTICE
American Student Achievement Institute
COUNSELING: Using knowledge of counseling theory and counseling techniques to bring about a change in student behaviors or attitudes (should be practiced only by credentialed professionals)
GUIDANCE: Sharing knowledge related to career, academic, or personal-social development
ACTIVE LISTENING: Listening in an friendly and attentive manner
The Difference Between Counseling, Guidance, Active Listening
American Student Achievement Institute
LIBEL: False statements that are published and bring about hatred, disgrace, ridicule, or contempt
SLANDER: Verbal statements that bring about hatred, disgrace, ridicule, or contempt
DEFAMATION: In civil suits, an injured reputation resulting from libel or slander
Advisor Risks:
Letters of recommendation
Comments in student records
LIBEL / SLANDER / DEFAMATION
American Student Achievement Institute
American Student Achievement Institute
IC 20-10.1-4-15
Schools may not require students to involuntarily participate in a personal analysis, an evaluation or survey that is not related to academic instruction without parent permission.
Analysis / Evaluation / Survey
American Student Achievement Institute
© 1996-2003 American Student Achievement Institute
http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.